The Federal Communications Commission (FCC) is reportedly about to issue two dozen fines against radio stations from cases that were being investigated in 2003 – well before Janet Jackson’s breast ignited a political frenzy regarding broadcasting standards on Super Bowl Sunday.
FCC officials revealed to the Wall Street Journal this morning that the fines were imminent and that Viacom’s Infinity Broadcasting would be among the targets of the fines. Howard Stern, the most popular deejay in the United States, was specifically mentioned.
Stern predicted on his show this morning that he would be forced off the air by next week. Suggesting that the country was in a “culture war”, Stern called for the people to vote George Bush out of office during this year’s presidential election.
“That will be my payback,” Stern said on his show.
Infinity Broadcasting and Clear Channel, the two companies that account for 80 percent of the possible indecency violations reported to the FCC, both declared zero tolerance policies last week.
Emmis Communications Inc., home of Stern-clone Mancow Muller, a nationally syndicated deejay based in Chicago, declared a zero tolerance policy this week.
FCC Chairman Michael Powell indicated in a letter to Representative John Dingell, the senior Democrat on the House Energy and Commerce Committee that in December of 2003, “we had pending more than two dozen cases in the final stage of investigation, and anticipate enforcement action in all or most of these cases within the next few months.”
The letter was sent by Powell during this week’s hearings for the Broadcast Decency Enforcement Act of 2004, a bi-partisan bill designed to amend the Communications Act of 1934. The bill was actually introduced by Sen. Fred Upton (R-Mich.), chairman of the Subcommittee on Telecommunications and the Internet, on January 21, 2004 – over a week before the Super Bowl.
Janet Jackson's exposure of her breast, which many consider to have been done on purpose, during the televised halftime show of this year’s Super Bowl, was the proverbial gas being poured on an already existing fire.
Earlier this week the committee voted 49-1 to send an amended version of the Broadcast Decency Enforcement Act of 2004 to the House floor.
The amended version of the Broadcast Decency Enforcement Act of 2004 seeks to increase penalties from $27,000 to $500,000 for violating FCC regulations. The bill originally called for an increase to $275,000.
Broadcasters also face losing their licenses if they violate indecency standards three times – a penalty added after the Super Bowl.
Another new penalty is to make individuals personally responsible for fines up to $500,000 for indecent speech. In the past, performers faced a maximum fine of $11,000 though it is believed that such a fine was never imposed.
The bill calls for a return of the “family viewing policy” similar to the what existed in the United States from 1975 to 1983, when the policy was removed because of anti-trust implications.
The FCC will be required to report to Congress each year the number of cases it has investigated and the outcome of each case.
The Senate Commerce Committee is planning to vote their version of the Broadcast Decency Enforcement Act of 2004 next week. The bill was introduced by Sen. Sen. Sam Brownback (R-Kan.).
It was Brownback who wrote a letter this week to Viacom president Mel Karmazinin criticizing their enforcement of FCC regulations in light Howard Stern’s on-air interview with Rick Salomon about the amateur porn tape he made with Paris Hilton.
“Please explain how Infinity’s policy failed to prevent indecent material from being broadcast over the public’s airwaves,” Brownback wrote.
Neither of the bills should have any effect on cable channels; only public airwaves are eligible for Congressional oversight.
Earlier this week, Sandar Loh, a KCRW personality, was fired for using the word “fuck,” during a Sunday broadcast about a seeing her husband, a professional musician, playing on stage with Bette Midler.
Loh claimed that she had left instructions for the word to be beeped out of the pre-recorded story, but her engineer forgot to do so. The engineer in question has reportedly been place on probation.
KCRW is a Santa Monica, California based affilliate of National Public Radio.
The version of the Broadcast Decency Enforcement Act of 2004 being sent to the House floor next week can be downloaded here.
